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Kerala High Court
Remya Uthaman vs Sumesh Kumar S Pillai on 10 December, 2025
Tr.P.(C) Nos.68 and 71 of 2025
1
2025:KER:95250
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K. NATARAJAN
WEDNESDAY,THE 10TH DAY OF DECEMBER 2025/19TH AGRAHAYANA,1947
TR.P(C) NO. 71 OF 2025
AGAINST THE OP NO.1080 OF 2024 OF FAMILY COURT,
MAVELIKKARA
PETITIONER/RESPONDENT:
REMYA UTHAMAN
AGED 37 YEARS, D/O UTHAMAN K.K., UDHYA BHAVAN,
ELAKOLLOOR P.O., PRAMADOM VILLAGE, KONNI TALUK,
PATHANAMTHITTA, PIN - 689 646.
BY ADVS.
SHRI.SUSANTH SHAJI
SHRI.SIDHARTH O.
SHRI.ALBIN A. JOSEPH
SMT.NEKHA VARGHESE
RESPONDENT/PETITIONER:
SUMESH KUMAR S PILLAI
AGED 41 YEARS
S/O SADHASHIVAN PILLAI, THUNDIL PADEETHATTIL
SADHALAYAM HOUSE, KUTTAMPEROOR P.O, MANNAR
VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT.,
PIN - 689 623.
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.12.2025, ALONG WITH Tr.P(C).68/2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Tr.P.(C) Nos.68 and 71 of 2025
2
2025:KER:95250
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K. NATARAJAN
WEDNESDAY,THE 10TH DAY OF DECEMBER 2025/19TH AGRAHAYANA, 1947
TR.P(C) NO. 68 OF 2025
AGAINST THE OP NO.1081 OF 2024 OF FAMILY COURT,
MAVELIKKARA
PETITIONER/RESPONDENT:
REMYA UTHAMAN
AGED 37 YEARS, D/O UTHAMAN K.K., UDHYA BHAVAN,
ELAKOLLOOR P.O., PRAMADOM VILLAGE, KONNI TALUK,
PATHANAMTHITTA, PIN - 689646
BY ADVS.
SHRI.SUSANTH SHAJI
SHRI.SIDHARTH O.
SHRI.ALBIN A. JOSEPH
SMT.NEKHA VARGHESE
RESPONDENT/PETITIONER:
SUMESH KUMAR S PILLAI
AGED 41 YEARS
S/O SADHASHIVAN PILLAI, THUNDIL PADEETHATTIL
SADHALAYAM HOUSE, KUTTAMPEROOR P.O, MANNAR
VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT.,
PIN - 689623.
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.12.2025, ALONG WITH Tr.P(C).71/2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Tr.P.(C) Nos.68 and 71 of 2025
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2025:KER:95250
ORDER
(Dated this the 10th day of December, 2025)
These two transfer petitions are filed by the
petitioner - wife for transfer of the OP No.1080/2024 and
OP No.1081/2024 pending on the files of Family Court,
Mavelikkara to the Family Court, Pathanamthitta.
2. Heard the arguments of the learned counsel for
the petitioner. Notice served on the respondent but
unrepresented.
3. The case of the petitioner is that the petitioner
already filed OP No.1124/2022 on the file of Family Court,
Pathanamthita where the respondent appeared and
contested the matter. Later, the respondent filed two
petitions one is for recovery of money and gold in OP
No.1081/2024 and also filed another petition, OP (G & W)
No.1080/2024 on the file of Family Court, Mavelikkara. It is
contended that the petitioner wife is residing within the
jurisdiction of the Family Court, Pathanamthitta along with
Tr.P.(C) Nos.68 and 71 of 2025
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the child. Therefore, the petition filed by the respondent
before the Family Court, Mavelikkara has to be transferred
to Family Court, Pathanamthitta, where the child residing
with the petitioner and another case is also pending before
the Family Court, Pathanamthitta.
4. Considering the facts and circumstances of the
case, when the petitioner already filed petition before the
Family Court, Pathanamthitta for divorce in OP
No.1124/2022 where the respondent appeared.
Subsequently, the respondent also filed petition, OP
1080/2024 for child custody, but the child is staying with
the petitioner within the jurisdiction of Family Court,
Pathanamthitta. Therefore, as per Section 9 (1) of the
Guardian & Wards Act, the petition must be instituted befor
e theCourt having jurisdiction over the place where the
minor ordinarily resides. Therefore, the child custody
petition in OP No.1080/2024 is to be tried along with
divorce petition in OP No.1124/2022 pending on the files of
Tr.P.(C) Nos.68 and 71 of 2025
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Family Court, Pathanamthitta. When these two cases are on
the file of Family Court, Pathanamthitta, the petition filed
by the respondent in OP No.1081/2024, for recovery of
money and gold, also to be tried by the same court, for
passing a common judgment. Therefore, the petitioner is
made out a case for allowing both petitions.
Accordingly, both the transfer petitions are allowed. OP
No.1081/24 and OP No.1080/2024 pending on the file of
Family Court, Mavelikkara are hereby withdrawn and
transferred to Family Court, Pathanamthitta to try and
dispose of the matters along with OP No.1124/2022, in
accordance with law.
Sd/-
K. NATARAJAN
JUDGE
S.M.K.
Tr.P.(C) Nos.68 and 71 of 2025
2025:KER:95250
APPENDIX OF TR.P(C) NO. 71 OF 2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE ORIGINAL PETITION
DATED 14.06.2024 IN O.P. NO.1080/2024
ON THE FILES OF THE HON'BLE FAMILY
COURT, MAVELIKKARA
Annexure A2 TRUE COPY OF THE ORIGINAL PETITION
DATED SEPTEMBER,2022 IN O.P NO.
1124/2022 ON THE FILES OF HON'BLE
FAMILY COURT, PATHANAMTHITTA
Tr.P.(C) Nos.68 and 71 of 2025
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APPENDIX OF TR.P(C) NO. 68 OF 2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE ORIGINAL PETITION
DATED NIL IN O.P. NO.1081/2024 ON THE
FILES OF THE HON'BLE FAMILY COURT,
MAVELIKKARA
Annexure A2 TRUE COPY OF THE ORIGINAL PETITION
DATED SEPTEMBER, 2022 IN O.P NO.
1124/2022 ON THE FILES OF HON'BLE
FAMILY COURT, PATHANAMTHITTA
